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Committee Approves Mixed Residential, Commercial Projects - 29 Oct 26
Hamilton · October 30, 2026
Okay. Uh,
it it is now
it is now uh 9:33 a.m. So, chair, I
guess we're going to start the meeting
now.
>> Okay. We'll call the meeting to order
this morning. Um, we'll start off with
uh
with roll call. Uh, Nick, Yanukica,
>> uh, Robert
>> here,
>> uh, Mel
>> here,
>> and I know Donna just stepped out and
myself, uh, Dale. Uh, are there any
members of the committee that have a
conflict of interest with any
applications today?
Yes.
>> Can you turn your mic on, please?
Thanks.
I have a conflict of interest for
application B 202600388
and 00396.
>> Okay. When those applications come
forward, you can step out. That's great.
Um and we need ratification of the
minutes of the last meeting.
Is there a mover? Mel seconder. Robert.
All in favor? Opposed? Seeing none, that
motion is passed.
>> Apologies. Who seconded that motion? Uh,
>> so that was uh
>> Robert moved.
>> Mel and Robert.
>> Mel. Okay.
Okay.
Thank you.
Okay. Uh, with that we'll proceed to the
first and again this was the October 29,
2026 committee of adjustment meeting. We
convened at 9:33 a.m. today. And just
noting that Sebastian is uh um is is
absent. Um, [clears throat]
so now the first application, it's now
9:35 a.m. The first application to be
heard is a minor variance application,
A2026
00350,
33 Sanford Avenue, South Hamilton. Owner
is Platz Holdings Incorporated, J.
McCarter. Uh, applicant is the same
company and agent is Landwise K. Gillis.
Are there any members of the public who
wish to speak on this application either
here in council chambers or on the WebEx
platform?
Okay, seeing none, I'll ask the uh
applicant or agent please step forward,
please provide your name and you have 5
minutes to speak. Thank you.
Good morning, chair, members of
committee, staff, members of public. My
name is Caitlyn Gillis, senior planner
at Landwise, and we're here on behalf of
the landowner and applicant. Um, thank
you for the meeting last time for the
opportunity to table. We have been able
to work with staff and we have reviewed
the revised staff report and support the
recommendation of approval as amended.
Happy to answer any questions, but other
than that, thank you.
>> Okay. Does committee have any questions
on this application? Mel,
>> I'll make a motion approve of the
amended as amended.
>> Moved by Mel, seconded by Nick. All in
favor? Opposed? Seeing none. Motion
carried. Application approved.
>> Thank you very much.
Okay.
Um,
I believe the next application, it's now
9:36 a.m. Next, we have a minor variance
application, A2026
00088
653 Barton Street, East Hamilton. The um
owner is a numbered company one 01164959
Ontario incorporated Kov Sappa Zub
Zubati and then the agent is Deepo Diag
Build Genius Incororated.
Uh I believe
is it uh
yes I believe the um development
planning staff wanted to uh to speak
first through the chair that's that was
the case
>> uh through the chair Jennifer Katarino
area planning manager for the west
development team um thank you Justin
so this application was recently at the
committee of adjustment Um, and there
were concerns from the committee that
staff took back and considered some
options. Um, we're at we're in a
position where our comments stand as
written. However, we wanted to present
an alternative for the committee to
consider when evaluating this
application. So, um, in working with
transportation planning staff,
development planning is comfortable, um,
suggesting a recommendation of approval
with the application of a condition. And
the condition could be worded something
like this, that the owner enter into an
off-site parking agreement with
surrounding properties in accordance
with section 5.1 of the zoning bylaw.
um sorry but of zoning bylaw number uh
05200
um to the satisfaction of the director
of transportation planning and in
clearing that condition the applicant
would have to supply all the
documentation for all the agreements
that they have in place with the
surrounding
um establishments, businesses, places of
worship, all of their arrangements to
the director of transportation planning
and they will evaluate to see if it's
sufficient. um and they'll clear the
condition and the um medical clinic can
advance at that point. So there would
still be another checkpoint for staff to
ensure there is parking available for
the medical clinic um with the
application of the condition. So um
happy to answer any questions but wanted
to provide that alternative for um the
committee to consider.
I have one question on the parking.
The conversations you've had in the
agreement you just mentioned, does that
include the uh barrierfree
parking or handicap parking?
So through the chair we have uh
mentioned this as an issue and through
the parking agreements additional
accessible parking can also be
identified in the parking lots where the
parking will be provided and a few of
those spaces or more of those spaces can
be accessible. On the accessible front,
we also wanted to mention that the
amendments that will be made, I believe
it's on Earl um Street at the corner
where the loading spaces will be, there
is some opportunity to make one of those
an accessible space as well. Again, it
won't be dedicated to the medical
clinic, but it would help the area and
also be available for medical clinic um
visitors as well.
[clears throat]
Since the staff are satisfied with the
arrangements they've done with the uh
applicant, I'll make a motion to
approve. Sorry.
>> Sorry. Through the chair. Did we want to
Yeah, planning staff spoke first. Did we
want to see if anyone else I apologize.
Apologize for interrupting. Yes. Um just
just returning to through the chair. Um
to to to the hear just just our regular
procedure process relating to hearing
applications. Uh so this was 653 Barton
Street East, Hamilton. Um development
planning staff had requested to speak
first. Um just returning now. Uh is
there any members of the public who wish
to speak on this application? Whether
here in council chambers or on WebEx on
the WebEx platform.
Okay. Uh seeing none, I'll ask the uh
applicant or agent please step forward.
Uh please provide your name and you have
uh five minutes to speak.
Uh good morning chair and the members of
the committee. Thank you for hearing us
again today. My name is Deepak and I'm
I'm the authorized agent for the owner.
I would like to like thank uh the
planning staff for like listen to to our
situation here. Uh one thing which I
would like to add here like our first
floor medical office which was got
approved it'll be it'll be operational
by next Monday and we totally agree uh
in agreement with like planning staff
suggestions. So we we'll we will we'll
provide like uh we'll provide like the
agreement like as and when it is
required. So we would request committee
of adjustment uh committee uh to grant
us a conditional approval for
application.
>> Okay, Robert,
>> I'll make a motion to approve
as per staff's comments with the uh with
the condition that was quoted.
>> Okay. Is there a seconder? Nick. All in
favor?
Opposed? Seeing none. Motion carried.
Application approved
with the addition of that.
>> Yes.
[snorts]
>> Okay. Thank you. Um, next we're moving
on to [clears throat]
um,
so those were both uh, just noting those
are both previously tabled or previously
deferred applications. So now we're
moving on uh, to to other uh, new
applications. So, it is now
9:43 a.m. We have a consent and a
related uh minor variance application.
And the the committee's practice here is
that both of them would be heard
together. So, the first is a consent
application. It's a B2026
00115
163 Beach Boulevard, Hamilton. Owner is
G. Danu. applicant is Cadex Design
Limited A axle rod and then the related
minor variant is A202600116.
Uh same address, same owner and same
applicant.
Uh
we had some interested parties here. I'm
just going to check and see uh they
wanted to speak. Terry
Lan.
Terry Lan, are you here on either in
council chambers or on WebEx?
Okay. And then next we had Sage Sai.
Sage Sai, are you here? Council Chambers
or WebEx.
Okay. Um
Okay. I don't see them either. And then
we had another person, Lisa Herps. And I
believe they just wanted to be provided
uh uh written correspondence on once a
decision has been rendered uh on this
application. Okay. With that, was there
any other members of the public wish to
speak on this application
either here in council chambers or on
WebEx 163 Beach Boulevard, Hamilton.
Okay. Uh seeing none, I will ask the
applicant or agent please step forward.
Please provide your name and you have
five minutes to speak. Thank you.
Yes. Uh Joe Dome, 133 Torresdale Avenue.
Uh agent for the owner. Uh the proposal
is to create two lots for a semi-
detached building with um one secondary
unit in each dwelling. The owner and his
brother plan to live in um in these uh
dwellings with their families. Uh they
have three kids each. Um the application
had been previously tabled uh to allow
for uh discussions with staff has now
been revised uh in accordance with staff
recommendations. Uh the proposed
building has been narrowed so the uh the
sideyard setbacks um now meet the uh the
1.7 m bylaw. Um it was also moved uh
farther back from the streetscape to
7.92 and 7.93
uh meters respectively uh exceeding the
uh the minimum requirement and
increasing the landscaped area. Uh there
are now three variances requested. Uh
variance number one refers to the
proposed uh three stories and a height
of 11.2 uh meters whereas the as of
right is two and a half stories and 11
meters um in height. impact here is
mitigated by the fact that uh the
proposed um variance is minor
considering that the setbacks uh either
meet or exceed the requirements um and
the height the height overages uh close
to the allowable uh height and staff
have assessed that that form uh
including privacy overlook and
streetscape impacts and identified
three-story dwellings at 91 and uh
across the street at 174 uh Beach
Boulevard. Um their support addresses uh
the third story as well as the uh the
increase in the height and uh variance 2
refers to proposed lot width of uh 15.2
m uh for a semi. Now each lot would have
approximately 460 m of land and a rear
yard of about 28 m. So these are uh deep
residential lots with a substantial um
outdoor space and uh staff has assessed
their uh their frontage scale in
relationship to the neighboring uh
development and concluded that the
severance conforms to the official plan
and represents compatible uh residential
intensification
and um uh drainage um is important here.
Uh the conditions require a registered
um uh consent agreement, grading and uh
servicing plans um and a storm water
management brief. Um they also provide
for securities and city review and
development engineering uh does
recommend uh conditional approval. So
they have taken um into account um the
uh the drainage conditions
um and uh and a um
um grading engineer has been um retained
um to uh to adequately demonstrate the
uh the drainage conditions on the lot.
Um uh parking is shown within the uh
garages u and um uh no parking variance
is requested here. So uh um
the um there is um a trans I believe
transportation planning uh recommends
approval [gasps]
and um overall um we feel the
application is quite u minor and um
reasonable in nature and I I would be
happy to answer any uh questions you
have.
>> Okay. Thank you. Does committee have any
questions on this application?
Robert,
>> I don't any questions. Those
staff recommend that variances 1 to
three be approved subject to the
proposed conditions as they maintain the
general intent and purpose of the
official plan and zoning bylaw
and they appear to be minor in nature
and are all desirable for the
appropriate development of the subject
lands. Um, it's a pretty good summation
that the staff gave.
Looking at the surrounding area, the the
variance in the height request is very
minimal and um the four the variances
meet the four tests of a minor variant.
So I'll make a motion to approve with
the conditions and notes.
>> Okay. Moved by Robert, second by Yukon.
All in favor?
Opposed? Seeing none. Motion carried.
Application approved.
>> And through the chair, that was for both
the consent and minor variance
applications. for both applications.
>> Yes. Yes.
>> Okay. Thank you. And just just to
clarify a previous comment I made, um
the first two uh applications we heard
the previously tabled applications,
those are actually the applications from
the last meeting that have been brought
back to this meeting now. So we do other
applications we're going to hear today.
They could be uh previously tabled
applications, but they may not they may
have come back from a later uh committee
of adjustment meeting. Okay. Um, moving
on.
It is now 9:49 a.m. and we have a
[clears throat]
We have a consent application. It's uh
B2026
00282,
59 Byron Avenue, Stony Creek. Owner is N
Cleert, P. Clebert and B. John.
Applicant is the same three people and
the agent is R. Wellen Writer. Um,
[snorts] is there any members of the
public wish to speak on this application
either here in council chambers or on
the WebEx platform?
Okay. Seeing none, I'll ask the uh
applicant or agent please step forward.
Please provide your name and you have
five minutes to speak. Thank you.
My name is Richard Wenrider. I'm the
agent for the owners and um
my only purpose of speaking is to just
clarify some of the conditions and
otherwise everything is accepted. The
first thing I want to note is that the
there has been an R plan already
registered. I'd ask that the decision
reflect the R plan and it is number
62-R2224
[clears throat] and I think just to be
more accurate in the legal description
when we're doing this. The second is
there's also been an archaeological
study already submitted.
um on July 29th because this this had
was a previous application that was
approved and was had lapsed due had
lapsed. So that was submitted as well
and accepted if that could be noted as
well
regarding [clears throat] the service
connections. Just a point of
clarification
if um the there's no issue with applying
for the agreement, but it I would like
it to be clear that that could be
assigned to the new owner of the severed
parcel if that's if that is a reasonable
request.
And then
similarly um
there has already been a a deposited
plan from landsmith regarding the
grading and servicing plan and that was
accepted previously. I'd just like to
ask for confirmation if that could be
accepted or if there's something that
needs to be updated that that that be
identified please.
And then there is an engineers plan in
the material that um in in the material
that's been provided and returned
regarding condition number nine.
if it's possible that the engineering
plan with the detailed um
planting or planted trees on there is
sufficient to satisfy that condition. If
not, then what is there is of course
fine as well regarding the registered
landscape architect.
And as well, I'd like it to be noted
that with the previous application, the
$10,000
grading security was deposited with the
city and it's still with the city. And
that is in the um
that was file number SC/B-23-30.
I'd like that to be noted if that could
still if that could then be applied
toward this process here. And as well
the um for number three the there was an
administration fee that was paid
previously if that could be applied here
as well.
That that is all I have.
>> Okay. Can you run through on the
conditions
which numbered conditions you want?
>> Okay. So number one would be the the
registered R plan being 62
um 62-R2224
that's already been done
and I would ask that just the legal
description be reflected to be that as
well.
Number three is where there's a the
administration fee that was paid
previously in the prior um application.
Number six would be the one to deal with
the ability to assign the the um any
agreement or any obligations to the new
owner
as long as it's within the timeline.
just to to be able to assign that if if
the owner current owner has applied for
it. And I I guess on that as well, I'd
like it to be clear that it's just this
is just for the purpose in terms of the
connections, just for the connections
only, not to establish new completely
new lines there. Okay. And then again,
the $10,000 that's referenced in number
six was paid in SC/B-2330
that the grading and servicing plan that
was previously submitted on June 5, 2024
by Lansmith, which was accepted at the
time, continue to be accepted or if
there's any updates require required
that those be identified, but we've
that's already been submitted.
And
>> sorry, the last one was number nine,
just asking if the engineer the um
planting detail on the engineers plan
the payment of the fee of course was
acceptable for that.
>> Okay, that's it. Could we have uh staff
address his issues? Yeah.
>> Um
>> so that they can [snorts] make that
decision.
>> Yeah.
>> Yeah. Through the chair uh George Benny,
senior engineer development engineering.
I'll try to address uh most of those
questions.
Uh with respect to the consent
agreement, it will be entered into and
registered prior to creation of the new
lot. So, it covers the existing property
and it's registered on title.
With respect to the uh security, the
$10,000 security that was previously
collected, um I would be comfortable
stating that that could be transferred
to the uh and and utilized for the new
agreement as as long as we confirm that
the you know, previous security is not
required. [sighs]
And um the uh the drawings that were
that you referenced that were previously
submitted uh prepared by Lansmith, they
would need to be resubmitted to us and
uh form part of the consent agreement.
Um so I'm not I'm not in a position to
confirm whether or not we have uh
comments on those plans at this point,
but again um it's something that we
handle through the uh engineering
submission as part of the consent
agreement.
And I think those are all the um items I
can address.
>> Okay.
>> And through the chair um there was some
um committee of adjustment uh related
conditions from that the CFA section
that the agent raised. Um through my
colleague who were indicating uh this
this appears to be a relication of a
previous consent application. Um,
unfortunately due to the the cyber
incident. This this is one of those uh
older files we we don't have immediate
access to. So we're not sure if those of
not not questioning the applicant or the
agent, but we don't have the record that
that the condition was actually
satisfied. Um, we can look into it
further. If the application is approved
after staff can go and check and um if
potentially those conditions were
already satisfied, it's it's possible we
may just carry over and and clear those
CFA related conditions as well. Thanks.
>> Any other committee members with any
questions on Robert
>> on uh the variance or the condition
number six? agrees that the owner must
enter into
with the city of Hamilton and register a
consent agreement. Um,
if we were to change that,
I was going to say we change it to the
proposed new owner of the severed
property,
but but reading it again, I don't know
if that would be the right term with
everything else down below. So, I'll
take that back.
Um any Oh, Nick. Yeah, maybe um
[clears throat] what we could do is just
add a approve this with the conditions
and just add a statement that the
conditions requested are waved if the
applicant can submit the evidence that
they are satisfied. Would that be fair?
Okay. Anything else?
So, we make a motion to that effect.
Yes. I'd like to make a motion to
approve this application
with the conditions. Um but
uh uh a statement waving conditions 1 3
6 7 and nine pending the applicant
provides proof that they they've been
satisfied previously.
Okay. Motion's made, seconded by Yanuka.
All in favor?
Opposed?
Bob, are you opposed? No. Okay.
Uh motion's carried. Application is
approved. Thank you very much.
Okay.
See.
Okay. It is now
10:00 a.m.
and we have
a minor variance application A202600395
uh 2330 Fletcher Road Glennbrook owner
is S Campen Hampen and the applicant
uh is S Campen. Uh, is there any members
of the public who wish to speak on this
application either here in council
chambers or on the WebEx platform? Okay,
seeing none, I'll ask the applicant or
agent to please step forward. Please
provide your name and you have 5 minutes
to speak. Thank you.
>> Hi, my name is Sean Campen. I'm the
owner and applicant. Uh we're looking to
convert our uh part of our old 1890s
century barn uh into a um additional
dwelling unit detached.
Obviously, the building is extremely old
and the the uh roof height is surpasses
what is allowed, which is currently 6 m,
but the height is just over 12 m. So,
we're looking for permission to be able
to carry on with our uh our venture and
proceed as we also view this in uh as
minor uh as a minor detail.
>> Yep. No other comments.
>> Well, yeah, I see the neighbors are all
in favor of it from what I see here and
it's the existing building there. I'll
make a motion to approve.
>> Okay. Seconded by Donna. All in favor?
Opposed? Seeing none. Motion carried.
Application approved.
>> Thank you.
>> Okay, it is now
uh 10:02 a.m.
and we have a it's a consent and there
is a related minor variance application
and of course the committee's practice
is to hear them both together. Um
so it is file number B the consent is
B202600388.
Uh so again B2026 00388 251 Springside
Drive Glenn Brook purchaser is J
Rodriguez. Owner is J. Rodriguez
applicant is M. Rabbo and agent is M
Rabot as well. And then the related
minor variance is A202600396.
Same address uh same owner, same
applicant and agent. And um as noted,
member Yanuka, she is due to potential
conflict of interest, she has stepped
out of the room for this uh for the
duration of when this these applications
are to be heard. Um
are there any members of the public who
wish to speak on this application?
either here in council chambers or in or
on the WebEx platform
okay uh
let's see
I do note uh through the chair that
there was some uh there were some
comments provided by development
planning staff more recently to uh more
recently um I don't know if they wanted
to speak on it or not Um
if not um I believe it was circulated to
the committee. There is a uh condition
that has been uh planning is
recommending a condition um if it is to
be a uh if the uh if the application was
to be approved. Um and also cultural
heritage staff has indicated that they
want to speak first uh if the applicant
was intending to uh proceed with the
application today. Just wondering is the
applicant or agent here for this one.
Uh 251 Springside Drive.
Are you I think he's on WebEx. I think
the agent is there. Uh Matthew Rabau.
You could unmute, please.
>> Yeah, there we go. Morning committee.
>> Um are sorry. Are you intending to
proceed today? No, we're looking to
defer as per the recommendation from the
staff comments.
>> Okay. Okay. All right. Okay. Sorry.
>> Okay. So, we need a motion for
tableabling.
>> No. Seconded by Donna. All in favor?
Opposed? Seeing none. Motion is carried.
Application is tabled.
>> Thank you, committee. Have a good day.
>> If there was any
>> Thank you. Uh if there was anyone here
in council chambers uh or on WebEx, just
to reiterate for these applications,
it's a consent and minor variance for
251 Springside Drive, Glennbrook. The
application has been tabled or it's been
deferred. Um if you want any further uh
if you wanted to be notified on any
updates on these applications, uh if
you're here in council chambers, you can
fill out an interested party form here
or if you're on WebEx, you can send us
an email at cofa@ hamilton.ca. and to
the applicant or agent, we will be uh
sending you an email uh immediately
after the meeting just to provide you uh
direction on how to proceed. Okay. And
staff, you can have um member uh Yanuka
is returning now. Um okay.
Okay.
Okay, it is now 10:06 a.m.
And next we have a
consent application B20 sorry B2026
00210
8155 Chipa Road East Glamro Purchaser is
B Kwansoon and Tuansoon
Owner is GLP Dungus Incorporated.
Applicant is Ashenhurst Noans and
Associates Incorporated. Uh H Clance
Clans Zakos, apologize if I
mispronounced your name. And agent is
the same uh as the applicant, the same
company. Um
just wondering did development planning
want to speak on this application.
Okay. Okay. After um first um I just
wanted to check with the uh the
applicant. I know uh again just just
making a note the staff are recommending
the application be tabled. I just wanted
to check with the applicant uh or the
agent were they uh if they're here. Are
they intending to proceed today?
Uh
>> yeah, please step up to the podium.
We
we would like to proceed today um to
provide some clarification based on what
staff had come back with on Friday
because we've done a little additional
justification with our presentations. I
did want to just correct the record cuz
um Brandon, my client, has changed
planners since. So, um I am not Harry,
but I am Michelle. Um okay. So,
>> is it the same company or is it a
different uh
>> with Nether Planning?
>> Okay. Okay. Um maybe Yeah, after the
hearing if you could send us an email
and then we'll make sure we update.
Okay. And your name again was uh
>> my name is Michelle Diplock.
>> Diplock. Okay.
>> Um Okay. Thank you. Actually, just per
our p our processes, we do ask first uh
if any members of the public wanted to
speak. So, just just bear with us first.
Is there any members of the public who
wish to speak on this application
whether here in council chambers or on
the WebEx platform?
Okay. Seeing none, then applicant or
agent, please step up uh provide your
name and uh you'll have five minutes to
speak. All right.
Yep.
All right. Uh good morning members of
the committee. My name is Brandon Kwan
and I'm here on behalf of my wife and
family to support of my severance
application before you today. Uh you
will recall I was before you last August
with this application where the
committee provided direction for me to
consult with planning and natural
heritage staff to work through their
outstanding comments and concern with
the severance.
Uh since then I have had individual
discussions at the counter with staff
retained a registered professional
planner whom will speak after me and
coordinated with transportation staff
development planning staff and natural
heritage staff to address all of their
concerns. I note there is again a
recommendation for tableabling but I
hope we can address the single remaining
concern within today's meeting and my
planner will speak on that following me.
Um
the main reason we're looking to
purchase this piece of property is to
make the pond and surrounding area part
of our existing property. My family has
had a connection to this pond for many
years. We spent time looking after the
area and it's always been something
we've enjoyed. My wife is also very
passionate about wildlife photography.
For the past three years, she's spent a
lot of time um photographing or
photographing the birds and other
wildlife around the pond. Uh in fact,
all the wildlife pictures you you're
seeing in the presentation were taken by
her at the very pond. Um really we
really appreciate the natural
environment and the wildlife that calls
it home. Our goal is to preserve what's
already there while continuing to
maintain the property and hopefully
address some of the mosquito concerns.
We're not looking to build anything on
this land. There are no plans for any
new development and the existing gazebo
will be removed. Another benefit of this
lot adjustment is that it would
straighten out the property lines and
give both properties a clearer layout.
Um, at the end of the day, we're simply
looking to add this piece of land to our
property so we can continue caring for
it and enjoying it with our family.
Thank you for your time and
consideration.
Sorry, we'll just get the second slide
deck up if that's okay.
So, those are Brandon's application
slides. This is the I guess formal
planner presentation part of today's
meeting. So if we go to the next slide.
So this is the site context. It is
located to the north side of Chipoa Road
east in Glenbrook.
Um the severed lands are zoned E2. Um
and the proposed and those lands are
proposed to be added to the agricultural
zone um which contain an existing single
detached dwelling. Um the NPCA is the
regulatory authority for the water
courses on the site and the new property
limit will cross the water course south
of the existing plan. NPCA has had no
concerns about the proposed severance
and source water protection for the city
has identified it represents an
improvement to the existing situation.
Um the benefiting lands will exceed the
0.4 hectare minimum lot area with the
final lot area being proposed at 0.757
hectares. Next slide.
So, the proposed boundary adjustment
removes the existing fragmentation at
the south of the property limits of 8
8,173
Chipa Road East, re relocating the
fragmentation to a more sustainable
location. Um, the proposed lot line
adjustment is to bring the recipient
lands into compliance with the minimum
lot area requirements of the zoning
bylaw. And as Brandon mentioned, there
is no proposed development on the lands
being conveyed. The land is being
severed and will remain in the
industrial zone um to ensure that no new
development uh occurs. Next uh slide.
So since the tableabling of the
application, we have worked uh very well
with staff to address all of the
concerns that were identified last um
last August. Um so there is no material
increase in the fragmentation of the
natural heritage features. We have met
with Melissa Kitty um the city's natural
heritage planner um to identify and work
with her on addressing any of those
concerns including providing
photographs. Um NPCA does not have any
concerns as well as source water
protection is supportive of um the
consent. We did speak with zoning staff
and uh looked at the removal of the
gazebo to bring the severed lands into
compliance with the E2 zoning. Um and by
not changing the zone um again we are
ensuring that no new development can be
can occur at a later date on this land.
Um we did connect with transportation
staff and a road rightaway widening is
not to be required at this time. We are
grateful that um transportation staff
have addressed um the removal of that
condition since the last tableabling of
the application. Um that road rightway
widening would be deferred to any future
development application on the land. And
then just the next slide.
So there was one additional item that
have um has informed staff's uh
recommendation for tableabling today. Um
and that was identifying a further need
for review of policy C of the Royal
Hamilton official plan that the land
area of the lot adjustment does not
exceed the land area required to address
the legal or technical issue um and
meeting the private water and wastewater
servicing policies. We are proposing
this severance to increase the lot size
to meet the standard residential lot
sizes and enable better maintenance of
the property and the pond. The reason
for exceeding the minimum is to
accommodate bringing the entirety of the
pond into the same lot to enable safer
and more efficient maintenance of the
pond. Um, importantly for the long term
because planning decisions do have a
long ranging impact. We do think that
this establishes a regular rectangular
lot fabric pattern that is easier from a
legal, technical, and administrative
perspective for the city and the owners
of both properties. So, we think we've
addressed that concern. [snorts] In
terms of the results, I'll just quickly
gloss over it. Next slide.
Um, the benefiting lands will exceed the
minimum lot area. Um, there's no new
development proposed. No increased
fragmentation of the feature. Um, and
the gazebo removal does actually
represent a improvement to the existing
natural heritage conditions. Um,
next slide.
To conclude, we trust that the
information we've shared today addresses
the outstanding concerns of development
planning and share the opinion of source
water protection and natural heritage
staff that this represents an
improvement over existing conditions and
can be supported. We are respectfully
requesting that the committee approve
the consent application today. Um,
however, if the committee feels there is
more work to do to justify the lot size
and pattern, we would recom or we would
welcome the table of the application.
Um, I did also want to conclude just by
thanking staff for their support in the
filing of this application and to the
members of committee for listening to
our presentation. Um, as well as
supporting Brandon when he brought this
application forward back in August um,
as it was his first committee hearing
date. Um, so thank you all for that and
I'd happy I'd be happy to take any
questions.
So the parcel of land that will be uh
joined onto the applicant's house um
that's not being used for agricultural
use now, right? Like it's Yeah.
>> far from
>> So we're not taking away from the use of
the um retained land or the land that
you're
>> Okay.
>> Mel staff wanted to have a response to
that. Should we hear from them now?
>> Yes. Thank you. Uh Tim Froman, area
planning manager with development
planning. I just wanted to note that the
the information presented by the agent
here has addressed development planning
uh outstanding concerns that were
identified in our comments. Um and now
staff are able to support this
application and we would recommend that
it be approved with the conditions as
provided. Thank you.
>> You're okay with the conditions and what
the status recommend? In that case, I'll
make a motion to approve for the
conditions.
>> Okay. Moved by Mal, seconded by Robert.
All in favor? Opposed? Seeing none,
motion carried. Application approved.
>> Thank you.
>> Okay. Okay. [clears throat]
Next.
It is now 10:18 a.m. Next, we have a
minor variance application. A2026
000455
uh 2045
Fletcher Road, Glambrook. Owner is A
Mimolo and A Mimolo. Um applicant is the
same two people and then the agent is a
Mimolo.
Is there any members of the public who
wish to speak on this application either
here in council chambers or on WebEx?
I don't know if these people coming
forward to speak.
>> Hi. Did you want to speak on this
application?
>> Yes. I'm Amanda Memo. Sorry, I'm short.
I need to
>> Oh, you're you're the applicant. Yeah.
No, first our practice is we ask if
there's any any members of the public
who wanted to speak. No, that's okay. I
don't believe there is. I I did ask I'll
just ask again. Any members of the
public who wish to speak on this?
>> No, no worries. No worries. Any members
of the public wish to speak on this
application? 2045 Fletcher Road, Glenn
Brook, either here in council chambers
or on WebEx platform. Okay. Seeing none,
then yes, please uh ask the applicant or
agent please step forward. Please
provide your name and you have five
minutes to speak. Thank you.
>> Good morning. Amanda Memo, Angelo Mealo.
Uh we're owners and applicants. Uh thank
you for meeting with us for the
variance. Um we've built [snorts] a
carport and uh we're here for the
variance um application and uh we're
happy to answer any questions.
>> Okay. Mel,
>> this is just a carport there out in
front and I know the neighbors. I talked
to some of them and they're all in favor
of it. So, I'll make a motion to
approve.
>> Okay. Moved by Mel, seconded by Robert.
All in favor? Opposed? Seeing none.
Motion carried. Application approved.
>> Thank you very much.
Okay, it's now 10:20 a.m.
and we now have a
Yep, we do. We now have a minor variance
application. A2026
00466
1157 Stone Church Road East Hamilton.
Owner is RNG Development Incorporated.
Applicant is R. Yousef and agent is
Netherly Netherly Planning D. Landry.
Um [clears throat]
is there any members of the public who
wish to speak on this application either
here in council chambers or on WebEx?
Um
1157 Stone Church Road East. Okay.
Seeing none, I'll ask the applicant or
agent please step forward. Please
provide your name and address. And you
have 5 minutes to speak. Thanks.
I'm too short.
Good morning. My name is Denise Landry
and I'm with Nether Planning. Address
120 Houston Street South Hamilton.
I'm also here with the property owner
RZswan Yousef. We are seeking a minor
variance to permit a limited restaurant
component within already approved
industrial condominium development. If
we could please have the presentation
pulled up, that would be great.
>> Great. Next slide, please.
The property is located on Stone Church
Road East, just east of Upper Ottawa
Street and is zoned Prestige Business
Park or M3.
We're requesting permission for
principal restaurant uses within a
portion of those units to a maximum
combined floor area of 525 square meters
or approximately only 42% of the
development. Importantly,
we're not proposing any changes to the
approved buildings, parking areas, or
overall site layout. Next slide.
So, I'd like to explain how we got to
this application this morning. Mr.
Yousef beside me, behind me, purchased
the property in March of 2024 with an
existing approved site plan. The site
plan has been approved for a number of
years. In May of this past year of this
year, the city issued a zoning
verification report identifying
restaurant as a permitted use within the
M3 zone. And at the bottom of the
screen, you can see a snippet from the
zoning verification letter that was
received.
Relying on this information, my client
subsequently entered into an agreements
of purchase and sale for units intended
to accommodate restaurants.
It was only afterward through
discussions with city staff that the
additional locational requirements were
identified.
As a result, the owner had [snorts]
already made contractual commitments
based on the information provided
through the city's zoning verification
process. And that is what brings us here
today.
Next slide.
From a planning perspective, we believe
this is an appropriate location for the
proposed restaurants. The property is
situated within an established area
containing a mix of industrial,
commercial, and institutional uses. The
official plan specifically contemplates
a limited number of restaurants within
employment areas where a need can be
justified. And I want to emphasize the
nature of the proposed businesses. The
individual condominium units are
relatively small, approximately 126
square meters each, and the proposed
restaurant uses are intended to
accommodate a range of smaller scale
food establishments, including cafes and
other restaurant operations.
The approved site plan also does not
accommodate drive-through facilities.
These types of businesses would provide
convenient food options for employees,
surrounding businesses, and visitors.
The proposed restaurants would be
clustered within a single approved
development along an arterial road
rather than creating separate commercial
developments throughout the employment
area.
Next slide.
We've reviewed the staff comments and
I'd like to briefly address a few of the
concerns raised.
First, the requested variance is limited
to a maximum combined restaurant floor
area of 525 square meters. We're not
seeking unrestricted restaurant
permissions across the entire
development.
Second, staff have referenced the city's
upcoming employment area review. While
we recognize the city is reviewing its
employment area policies, the outcome of
that review remains unknown.
This property has had site plan approval
for several years, several years, and
the owner is seeking to move forward
with development based on that approved
layout. We believe this sight specific
request can be evaluated on its planning
merits today without waiting for the
outcome of a broader citywide study.
It's also I'd also like to note that
development engineering has identified
no objections to the proposed variance
or no other departments aside from
planning. In our professional planning
opinion, the application maintains the
general intent and purpose of the
official plan so and zoning bylaw is
desirable for the appropriate
development of the property and is minor
in nature. We believe the application
satisfies all four tests under section
451 of the planning act and represents
good planning. I will now turn it over
to Mr. Yousef to speak to the investment
and employment opportunities associated
with this development
and if respectfully he can have
additional five minutes although I
understand he will probably only need
two to three. Perfect. And that would be
next slide please.
>> Good morning Mr. Um, chairman and
respected committee members, uh, my name
is Razwan Yusf and I'm the owner of this
property, uh, 115, uh, 7 Church Road.
I've been living in Hamilton for almost
16 years now. And, um, I've been seeing
this land been sitting vacant as far as
I remember. And when I purchased this
property, my vision was simple. To bring
investment to Hamilton, uh, support
local businesses and create more jobs.
I have invested years of hard work and
significant personal finance uh to get
to this project where it is right now.
[clears throat] And uh early this year
when we received the zoning uh
certification
it indicated that the restaurants are
permitted and based on that I moved
forward and sold these units and my
purchasers who bought it um they have
intention to bring cafe uh takeouts and
some small restaurants here. Just only
recently we learned that um these users
may not allowed and this had caused
serious uh sort of a delays, financial
pressure and uncertainty to my
purchasers.
The development has a potential to
create um 50 to 80 jobs on this
location. And I'm not asking honestly
for financial uh assistance or special
treatment. I'm simply asking to consider
what we were originally told and allow
us to build this development.
And lastly, I just want to say Hamilton
is my home. I want to contribute to his
growth and not leave another piece of
land sitting vacant. So I respectfully
ask for your support and thanks for your
time.
Okay. Sorry. Committee, any questions?
Donna.
Um, to staff, I I see in ' 05200 under
the M3 that a restaurant is a permitted
use.
I'm just a little concerned or not
understanding why this isn't uh allowed.
[snorts]
>> Good morning. Uh through the chair to
the member. I believe we have a member
of the zoning team on the online that
can respond to that question. Thank you.
>> Yeah. Hi, good morning. Uh through the
chair um through the committee member to
the chair Brody Paul, acting supervisor
of zoning east section. Um, so a
restaurant is a permitted use in the M3
zone. However, there are sight specific
restrictions in the M3 zone that only
permit restaurants at specific
locations. Um, this is not one of those
locations where a restaurant would be a
standalone principal permitted use. Um,
so basically there's very very specific
locations that are permitted in the M3
zone where restaurants so generally they
are a permitted use but then they're
restricted in terms of where they can
actually be specifically. Hence the
variance is required in this instance to
permit it as a principal use on the
property. Happy to answer any other
questions though if anyone
has any further clarification needed.
>> Yes. Um on the verification
um notice there it didn't address that.
Is that not part of the uh zoning
verification?
>> I it it should have been unfortunately.
Um, so the way the the the regulations
read in the zoning ball of the like it's
upfront it establishes a permitted use.
I think when the zoning examiner
reviewed it, they were unaware of the
additional sight specific restrictions
contained within the regulations that
are applicable specifically to
restaurants. So that's therefore it
wasn't caught at the time of the zoning
verification. It was just merely listed
as a permitted use which the zone does
indicate. But then if you read further
there are there are sight specific
restrictions that would pro pre prevent
it from establishing a lo a restaurant
at this location.
Subsection S specifically if you uh if
you have if you have those the bylaw
>> subsection F
>> uh S a 9.33 and then subsection F
contains the regulations specific to
restaurants
F
essentially permits them on South
Service Road in specific locations and
on Barton Street in specific locations,
but then and then on the north side of
Highway 5 and west of Highway 6. So
really really sight specific locations
and and unfortunately doesn't capture
this property within those locations.
>> Okay. But that should have been captured
on the zoning verification.
>> Correct. Yeah. Yep. Correct. It should
have been and it wasn't. Yeah.
Oh, sorry, Nick.
>> Yeah, I'd just like to make a comment
here. So, I you know, restaurant
restaurants, sorry, could be a permitted
ancillary use uh to support the
businesses that are going to be in this
area. I think, you know, overall this
one's on the city. This is uh kind of
unfair to the applicant. They were told
that uh that it was a permitted use.
they went forward and made uh commercial
you know contracts and and choices based
on the information they were told. Um
you know so I think uh in this case I
would support approving this application
and if I can make a motion I will.
>> Okay. I'll just see if there's any other
questions. And I tend to agree with the
committee member uh because they were
they were told and a document stating
that you were allowed to do this and and
went ahead with some financial uh um in
place to go forward with it and then now
all of a sudden it's u they're admitting
in a mistake but it's at your expense
not at their expense. So, um, I tend to
agree with Nick on this. Uh, but is
there any other questions?
>> Robert,
>> just to the applicant,
when the when we received the package,
there was no quote unquote site plan for
the property.
That caught me off guard.
>> Um, through through the chair to the
applicant, um, I do recall as part of
the package that I submitted that a site
plan was included. Um, I did put up an
image of the site plan on one of the
slides. I'd be happy to go back to that.
>> Sorry, I'd have to ask Justin to pull up
the presentation.
>> Yeah, actually my colleague Ann can do
that. Yeah, perfect. I believe Yeah, the
application material on the website. I
think I believe there is a site plan
there.
>> Uh, yeah,
>> probably on the uh the contact slide.
So, that would be the next one.
just going forward what other council or
committee members have mentioned.
>> Thank you.
>> I agree that something fell off the
table somewhere and I don't think it was
on your table based on what I'm what
we're seeing what we're understanding.
But [clears throat] having said that,
without throwing stones, I think it
might be a viable
business opportunity there,
um, with the supporting,
you said condos, but the businesses
behind
and the surrounding area, I think it
might it might work. Um, but yeah, I'd
still Okay, I see the site plan at the
bottom corner now. Okay,
>> it's up there.
>> Yeah, through the chair to the committee
member. Um, that is a rendering of the
site plan. Yeah,
>> a copy of it. Just a prettier picture of
it.
>> Obviously focused on the top picture,
not
>> Yeah,
>> understood. I was trying to balance
which picture to make larger.
>> No, no.
>> The So the site plan in in the left
bottom corner, it's two two buildings.
One of the buildings has approximately
six units and the other has four.
Uh each unit is approximately 126 square
meters. And there's only about 26
parking spaces. And really, as you can
see, the size of the development, you
would you would you would never be able
to accommodate a drive-thru.
>> Yeah.
>> Okay.
>> Um I'd like to make a motion to approve
this application,
the minor variance.
>> Seconded by Yanuka. All in favor?
Opposed? Seeing none, motion carried.
Application approved.
>> Thank you. Have a great day. through the
chair. Would that include the proposed
notes in the staff comments as well?
Just want to check. Um, yes.
Yeah, there was two proposed notes. Just
a building permit is required for the
conversion of the proposed restaurant
and be advised that the Ontario building
code regulations may require specific
setback and construction types.
>> Yes, with the notes. Okay. All right.
Thanks.
>> Thank you.
uh through the chair. It's now uh just
past uh 10:30 a.m. It's 10:36 a.m. Did
we want to take a break?
>> Yes.
>> Okay. 5 minutes. 10
>> 10. Okay. 10-minute break and we will be
we will reconvene at 10:46 a.m. Thanks
everyone.
Okay, it's uh 10:48 a.m. and we're just
reconvening now. Um just through the
chair um just raising something.
Development planning staff were just
raising it to me. Uh
there was a previous
which application was it? It was
um they'll ask the planner Tim which one
was it again? Uh I believe it was
oh yes the Chipoa road. Uh which one was
that?
Oh, there it is. Um
yes, it was for um the consent
application B202600210
8155 Chipoa Road East Glamrook.
development planning was raising that
that application I believe it was
approved but there actually is a
condition that um development planning
was proposing and I don't know if they
had they had anything to add to that um
the the condition was that that the
lands to be severed from 8155 Chipoa
Road East be merged with the lands
located at 8173 Chipoa Road East to the
satisfaction of the director of
development planning um I don't know if
through the chair chair if that would be
okay if it if if the approval reflected
would be amended just to reflect that
condition as well
and you could you could uh raise
questions to the development planning
staff if you needed to.
>> Who who uh who moved and seconded that
motion?
>> Chipa was
uh
>> I think I did.
>> Mel moved and uh Bob seconded.
>> Yeah, I'm in favor of that. So, you're
okay?
>> Yep.
>> Okay. Amending it. Okay.
>> Okay.
>> Thank you. And we'll we will let the um
>> we will let the applicant know as well.
Okay. All right. Thank you.
>> Okay. And then returning to our regular
schedule.
>> Uh
>> I think I said with condition
>> it is now 10:50 a.m.
>> Okay. All right. I have no problem. And
we have a minor variance application
A2026
00465
135 sorry 135 Trenome Crescent Hamilton
and to clarify um and the notice may not
have included it. The the owner is
actually the city of Hamilton
represented by Card No and the applicant
is W. Paloney. Um,
are there any members of the public who
wish to speak on this application
whether here in the council chambers or
on the WebEx platform?
Okay, seeing none, I'll ask the
applicant or agent please step forward.
Please provide your name and you have 5
minutes to speak. Thanks.
>> Yes. Uh, good morning. Uh my name is uh
Walter Palone and um just to summarize
our application here, we are proposing a
uh steel canopy structure to be
installed uh to provide coverage over
the existing Botchi courts. This is for
the Botchi Club that's located at the
Trenhome Park. And um the the minor uh
variance is to permit just a a minor
increase to the overall height of our
proposed gabled canopy structure. So the
maximum building height there is 5 m and
we're looking at going about
approximately just under 1.5 above that.
And uh in terms of the um you know the
impact the we we are well you know
located well well well enough away from
the nearest residential lot and uh we're
also surrounded by a wooded lot area so
the impact would be minor and I'm just
happy to answer any questions that the
committee may have.
Okay. Committee have any questions on
this application?
Is there a mover?
Jonathan,
>> I'll make a motion to approve this
application
>> with second.
>> Conditions and notes.
>> Okay.
>> Okay. All in favor? Opposed? Seeing
none. Motion carries. Application
approved.
Okay. Thank you.
Okay, it is now 10:52 a.m. We have a
we have a consent application which also
has a related minor variance application
and as per the the committee of
adjustments practice it would be uh
generally would be to hear both
applications together. Um, so the
consent is B20, sorry, B202600378,
313 to 315 Wentworth Street, North
Hamilton. Owner is AD Invest
Incorporated. Applicants is D. Wolf and
agent is Nethery Planning E. Stanley.
The minor variance, the related minor
variance is A202600377.
Same address, same owner, same
applicant, and same agent. Um, I do have
a note here through the chair. I believe
the and correct me if I'm wrong. I
believe the applicant was intending to
table this application. Uh, is the
applicant or agent here?
>> Yes, I'm I'm virtual. Um, yeah. Good
morning. My name is Emily Stanley with
Nether Planning. Um, and I'm the agent
on this file and I would just like to
make a formal request uh to table the
consent and subsequent minor variance
application in order for us to um have
further conversations with city staff
and address their concerns before
bringing it back for uh committee
consideration.
>> Okay. do you have the opportunity to um
the only question I had and I know you
want a table but the proof of the merger
when it happened and and the year and
date like that. Um we've had we've had
these ones before and um normally we're
normally we're in favor of the applicant
because the merger happened
inadvertently. Um, and probably you have
that information or if I'm get that
information for planning that that would
help a lot. So,
>> we can bring forward all of that
information.
>> Okay.
Motion for table.
>> I'll make motion to table.
>> Mel seconded by Donna. All in favor?
Opposed? Seeing none. Motion carried.
Application tabled.
>> Uh, and thank you. and um through the
chair if there's any members of the
public who are here for these
applications for this consent and minor
variance for 313 to 315 Wentworth Street
North Hamilton. The the applications
have been tabled or they've been
deferred. Um if you wanted further
updates on this uh these applications,
if you're here in council chambers, do
fill out an interested party form. If
you're on the WebEx platform, do send us
an email. That's cofa@ hamilton.ca.
And for the applicant or agent uh staff,
the committee of adjustment staff, we
will be sending you an email shortly
after the meeting just to uh advise you
on how on the next steps on how to
proceed. Okay,
it's now 10:55 a.m. We have
a consent and a related minor variance
application. So the consent is
B202600223125
Mohawk Road East, Hamilton. Owner is a
numbered company one 01234426
Ontario Incorporated R. Raheem applicant
is Rah Raheem and the agent is Nethery
Planning Dandry.
The related consent application is A2026
sorry A202600222
the same same address same owner same
applicant and same agent. Um, I do have
a note here, and again, correct me if
I'm wrong. I believe the applicant was
intending to table these applications.
Is the applicant or agent here for this
these applications?
>> I can also speak to this application.
Um, Nether Planning, my name is Emily
Stanley. Um, Denise Landrea and I are
both the agents on this file. Um again
likewise we are looking to table these
applications to a subsequent uh
committee of adjustment meeting in order
to have time to coordinate with staff on
concerns.
>> Okay.
Is there a motion to table
>> Robert? Then Donna a second. All in
favor? Opposed? Seeing none. Motion
carried. Application tabled.
Okay. Um and again, if there was any
members of the public who um were here
for these applications, this was a
consent and minor variance for uh 125
Mohawk Road East Hamilton. If you want
to be uh notified of any updates related
to this these applications, if you're
here in council chambers, do fill out an
interested party form. If you're on web
on the WebEx platform, do send us an
email at cofa@ hamilton.ca. and to the
applicator agent, we will uh be
contacting you. The committee of
adjustment staff will be in touch with
you after their hearing um just to
advise you on next steps on how to
proceed. Okay.
Okay. It is now 10:57 a.m.
We now have a consent application
B202600335
14 Rossmore Avenue Hamilton. Owner is G.
Noble and applicant is J. Sterling.
Um,
let me see.
Was there any members of the public who
wish to speak on this application
whether here in council chambers or on
the WebEx platform? Uh
14 Rossmore Avenue. Okay. Seeing none,
I'll ask the applicant or agent please
step forward. Please provide your name
and you have 5 minutes to speak. Thanks.
I live at 94 Ontario Avenue.
Um
we've been here before
um regarding this application.
Um and it was
it was originally was dis denied.
This was just after the cyber attack.
Um there were some things that were
missing.
Um
we have found uh um our copies
because we originally uh Jim Noble
originally applied
uh back in 2019 for
uh two two units
on this property.
And um he did get it. I have them here.
I included it in my application form
when I I made the application.
Um, and also it stated that
um they knew he was
going to be dividing the lot. Since
then, Jim has died and now Gordon owns
the property. Gordon Noble. Um,
and since we found the paperwork,
um, we wish to continue on with,
um,
being able to sever the property.
Um, right now,
uh, [clears throat] our application for
building permit is pending.
um the development charges
as well as the sewer
connection.
Other than that, we'll have a building
permit to build these two units on this
property.
Given that, um
I I understand that the the lots are
very small.
Um but as
a starter home for somebody
uh they would be ideal.
Um we do intend to sell one of the lots
and retain one of the lots.
Um but um I mean even even even if they
remained one lot, we'd still have fences
uh separating both both uh units.
um there would be
virtually nothing that would
uh prevent them. I mean, they're not
going to be sharing land.
Um
that's basically where we're standing
right now. We we do have a building
permit pending the last two stages.
Um and it's only because we found the
paperwork
Um
the building department was originally
going to deny us the right to actually
build on the lawn, but we have um a
variance on vacation that allows us to
irregardless of what
um
the uh the train yard was going to do
and how they affected the property.
And I think that was uh that was all
part of the uh uh issue with the last
application
um and why we didn't get it. But um
given this light and the fact that we
are
u really close to actually getting our
permit,
uh the drawings are all approved. Again,
we're just waiting to pay the charges
and and to uh and the sewer hookup.
And that's basically where where we're
at right now.
Um,
again, we did include the uh the page
that was uh
stamped and dated
by the committee in in 2019
with our application.
That's about it.
>> Okay.
>> Robert, you have a question? Well, the
date you just mentioned, you have a copy
of an agreement or whatever that was
dated in 2019.
Does that
tell you that there's severance was
granted?
>> No. No. That allowed the that allowed
the building of both of these units on
that property.
>> Okay.
I think that the there was a
misconception here of the order which
you need to do things.
It's either top down or bottom up. And
in this case, it's got to be top down.
In my opinion, you got to get the the
approvals from all the various different
departments. And the catch all is the
building at the bottom, which you found
out
that they will not issue a building
permit until everything else is done.
But I just want to read some comments
here that came from the planning staff
that I'm not sure if you heard them or
read them, but I'm going to go through
them again.
The application to sever the existing
vacant residential lot into two parcels.
That's fine. Development planning staff
are of the opinion that the proposed
severance does not maintain the general
intent of the urban Hamilton
and the 30 meter buffer for the LRT
and/or metro links
within this area. Corridor development
permit is required from Metroinks to
permit the construction of any building
or structure
on the it's in the official plan. Um,
the proposed laws do not satisfy policy
F11431A
regarding the introduction of the
additional sensitive land use adjacent
to the railway line and within 150 m of
a railard.
Based on all that above, the development
planning staff are of the opinion the
proposed severance does not maintain the
general intent of the urban official
plan. and they've come back recommending
deny.
>> I read that.
>> Okay, that's great. But that's that
those items there,
>> okay, so
>> are not going away.
It's not like a minor variance. You want
2 m instead of 2.5 or whatever.
This we can't change. So [snorts]
>> I understand there are some issues with
the property.
However,
um
we are getting a building permit.
There's no question about that. the
regardless of the 30 m because we did
this
before Metroinks. And if you check with
the city of Hamilton building
department, we handed in a letter from
Metroinks
approving it.
>> Responded to
>> What do you mean who responded? The
building department? I don't know.
>> Wow.
>> I I don't know. Unfortunately, they're
they are going to go back and go through
it to make sure all the boxes are
checked off.
>> It I have the letter.
>> I handed it into the building
department. They have the letter. They
have a copy of the letter and I don't
know why they're denying it.
Or maybe they're not because no one's
asked them the question.
>> But Metro Links approved it. But that
the issue at hand right now is the
severance in front of us. The severed in
two lots
>> based on based on what's come back to us
that
the recommendation is to deny the
application for severance.
>> I I I can't say much to that. I I really
can't.
uh either they don't have the right
information or they're
denying it anyway.
But either way,
Metro thinks approved it.
>> Talk to the building department. I I
can't believe the building department
doesn't have anybody here representing
this. I mean, they didn't last time. I
have a question in regards to the this
building permit that you have or
received in 2019.
Um, was that to build on the property as
it is or is it to build on the saying
you got the land severed? Did you get
approval for a building on both of these
properties or just on the existing? We
got a a building uh we got the approval
for again in 2019 we got the approval to
build two semi- detached houses on one
parcel of land.
>> Okay. So that has nothing to do like
you're saying that you got a building
permit. Well, yes, you got a building
permit for one property. We're looking
at severing it into two properties. So,
we can't even look at a building permit
for one property because you want it
severed. So, we're looking basically at
do we want to sever it? Um, and with the
information that we have and with
staff's recommendation, it is saying
that no, it doesn't fit within the for
the framework of um getting a uh a
proper severance. You got one property
here that only has about a 15 16 foot
width frontage.
>> Yeah, I understand that. But that's
>> But
[clears throat] once we pay the
development charges and get our building
permit, that's not going to change the
building. There'll still be two units on
the same property and we're still going
to put a fence down the middle of it.
>> Right. So,
>> but you have to get the severance first
before you can even look at anything.
>> I don't need the severance for for the
building permits
>> to build these two houses. I'm
>> sure you do.
>> No, I don't.
>> Well, then
>> and and even if I did, that's why I'm
here anyway.
>> Mhm.
>> And without a
>> I'm allowed to build more than one unit
on the property.
>> In all due respect,
>> Okay. So, can
>> just just hang on a minute. With all due
respect, with the information that we
have here and the information you're
referring to in those notes, I would
strongly recommend you hire a planner, a
professional planner to to do the
research and dig in further.
>> Dig in further or what? I supplied
everything to you.
>> And if you can't see that, I'm sorry.
>> I can't. You You want me to
>> You want me to wait until I actually get
the permit? One of you wants to wait
until I get the permit to apply.
>> You will not get a permit.
>> Yeah, I will.
>> Yeah. For one land.
>> I I I will for one piece of land. I'll
get a building building permit for two
houses on it.
>> Okay. And all I want is to separate them
eventually
>> so that you're not going to stop the
development. There's nothing you can do
to stop the development. It was already
approved.
>> Okay.
>> 2019.
>> 2019 is
>> okay. So just
>> Okay. Just just this happened a long
time ago and I realize that. But since
then, the the previous owner who started
this died and the property went into
probate. That took time.
Eventually, Gordon [snorts]
Noble ended up owning the property
and now we're back on track to do
something with it
>> away from what it is because we can't
deal with the building permit or whether
you can build the land on. You can ask
department we are just looking at
whether we want we approve that this
severance to go through. So it's you
know it's here neither here nor there
whether you can build on one piece of
property or two pieces. So I think the
the application in front of us needs to
be addressed and um
>> this is the same thing. Mr. Sterling
please let let the committee speak first
and then if they want that you can
respond. Okay. Thank you.
>> And if there's no other questions, I I
have a
>> I just want to to give planning a chance
to
>> to
>> um have a couple of comments on on the
debate that's going on right now.
>> Uh David Boner, planning technician with
West Development. Um through the chair,
the
just for some background so that things
can be a bit clearer. Um the variance
decision that was attached with the
submission was from 2018 file 2019
decision I believe was the date. Um
there are variances that were tied to
the built form for what the previous
zoning bylaw calls a two family
dwelling. The built form is a semi-
detached. uh zoning's comments seem to
indicate that there might be a
process-wise if it's severed before the
buildings are created, they might need
additional variances under the old
bylaw. Um,
my understanding of things is that based
on those variances in the old bylaw and
the transition clause of zoning bylaw
05200, the current bylaw, they could and
have gotten a building permit or they're
in the process of getting a building
permit for the semi for the buildings.
the the issue at hand is not the use per
se, it's the lot creation. Um there are
policies in the urban Hamilton official
plan that require
um in in this case due to the proximity
to both the rail line and the shunting
yard to the west uh a noise and
vibration study to fully satisfy the
lock creation policies. Um we haven't
gotten any studies or information to
that regard similar to when this was
originally heard last year. So staff's
position on the lot creation has not
changed. Um we have included it as a
condition if it is approved to cover
bases. Um but the the fundamental issue
still remains the same of it doesn't
meet the policy. So staff can't
recommend approval for the severance.
But with regards to the building permit,
they have the transition clause and the
approved variances for the built form on
on one lot.
Okay. So, what's in front of us, as
Donna had stated, is this severance of
of the lot, not of the uh building
permit.
Um, and so that's what planning is is,
you know, they're recommending denial
because this is just a severance. It's
not the building permit. Um
>> I understand that
>> the building permit um issues aren't
aren't in front of us or aren't for us
to deal with. All we're dealing with is
is what's in front of us today and
that's this severance of of the
property.
So sorry
>> once
once we we start construction
the buildings are going to look exactly
how we designed them.
There won't be any difference, no
variations, nothing.
They'll both be on
the same lot. All we want to do is
divide the law. I don't think that
will make a difference to the buildings
moving forward.
Um
they we do have someone interested in
one of the one of the lots and we do
know about the noise study that we're
prepared to do that.
I anticipated that although the building
department hasn't asked for it yet.
Um, but it actually won't
one way or the other it the the lot
separation will not change the look of
the development at all. It will just
allow
someone
access to the housing market that may
not be eligible any other way.
These are small houses on small lots.
>> Well, the lot does does change the uh
the square footage of of a building
envelope for that smaller property.
>> We've and we've when we put them through
the building department, we noted the
size of the lots and they knew going
forward what we were doing.
So, we have the opportunity here to to
allow you to table if you wish
um to see if you can get favorable or
more favorable comments from planning um
or um you know the recommendation from
planning is denial. So I guess you know
we give you that opportunity that if you
wish to to table at this time we can do
that or if you don't want to table then
um I'll ask the committee for a for a
motion.
>> I I I have no choice but to table.
>> Okay.
>> Because obviously this committee just
does not have
the information to make an informed
decision.
>> Okay. And I don't know why that is.
>> Okay.
>> All right. So, your wishes are to table
and so I will call for a motion to
table.
>> I'll make a motion to table.
>> Donna made the motion seconded by Nick.
All in favor of table.
Opposed to table. One opposed.
So the motion is carried and application
is tabled. All right. Thank you.
>> Sorry. Uh thank you and through the
chair to the applicant or agent um the
committee of adjustment staff will be in
touch with you shortly after the meeting
on how to proceed. Um
>> yeah and if there was anyone here uh any
members of the public who are here for
this application 14 Rossmore Avenue if
you wanted to be provided updates on
this application if you're here in
council chambers do fill out an
interested party form or if you're on
WebEx you can u send us an email at co
cofa@ hamilton.ca. Okay thank you. Um
[sighs]
now
it's now 11:18 a.m. Uh we now have a
consent application B2026
00356
22 Canon Street East Hamilton. Owner is
Rogue Roofing and Sheet Metal Limited
Croke. Applicant is the same uh company
and the agent is Urban Solutions
Planning and Land Development
Consultants M. Johnston,
are there any members of the public who
wish to speak on this application,
whether here in council chambers or on
WebEx?
Okay, seeing nonetheless, the applicant
or agent, please step forward. Please
provide your name and you have five
minutes to speak. Thank you.
>> Okay. Good morning, Mr. Chair and
members of the committee. My name is
Stephano Rosaton and I'm a planner with
Urban Solutions. Uh here with my
colleague, Matt Johnston, and we're the
registered agents working on behalf of
the owners. Uh we have read the staff
report and agree with staff's
recommendations to approve with
conditions and I'll happily forego my
presentation and uh get things moving
along.
>> Thank you. Uh available for any
questions you might have.
>> Okay.
>> Other words, you're happy with all the
conditions and of the application.
>> That's correct.
>> Okay. I'll make a motion to approve with
all conditions.
>> Okay. Moved by Mal, second by Robert.
All in favor? Opposed? Seeing none.
Motion carried. Application approved.
Okay.
>> Thank you very much.
through the chair. Was it Nick seconded?
Yeah.
>> Uh, no. Uh, Robert second.
>> Robert. Mel moved and and Robert second.
Okay. Approved with conditions. Okay.
Thank you.
>> Okay. It's now 11:20 a.m. Uh, moving on.
We have a
we have a consent and a related minor
variance application. And again, the
committee's practice is to hear both of
them together. Um
so
yeah, so the consent is B202600398
19 to 21 Malberry Street Hamilton. Owner
is Rogue Roofing and sheet metal li
Limited Croke. Applicant is the same
company. Agent is Urban Solutions
Planning and Land Development
Consultants M. Johnston. The minor the
related minor variance is A202600399.
Uh same address, same owner, same
applicant and same agent. Uh is there
any members of the public who wish to
speak on this application whether it be
here in council chambers or on the WebEx
platform? Okay. Seeing none, uh
applicant or agent, uh please step
forward. Please provide your name and
you have five minutes to speak. Thank
you.
>> Good morning members of committee,
staff, and the public. Matt John Austin,
registered professional planner with
Urban Solutions. And I do have a brief
presentation. Appreciate the positive
staff report. There's just two
conditions of approval I'd like to touch
on.
Thank you. Uh, next slide.
This application really started with the
onset of the previous it was just
approved and in working towards that
application it was realized that the
subject lands 19 and 21 Malbury had
merged on title. Uh we'll just sail
through the next two real quick. We've
got the official plan framework the
zoning. Um and if we go to the next uh
slide after that. Uh one more
here you can see a a photo of the
subject lands. Essentially we've got
three town houses in a row. Again 19 and
21 have merged on title. Um the next
sketch shows our proposed severance.
The next slide after that illustrates
the required variances to facilitate the
severance.
We do note that there's some language in
the staff report that talks about a
correction for the lot frontage being uh
being 5.3 m not 5.4 m. So just want to
ensure that that gets carried through in
the ultimate decision but that was
acknowledged uh in the zoning comments.
So the applications themselves certainly
um satisfy the four tests of the
planning act and uh the consent to sever
uh appropriate uh development of the
subject lands. What we want to just talk
about quickly is shown on the uh uh two
slides. One is condition six
which requires zoning compliance review.
Um we've been in conversations with uh
zoning staff in advance of today's
meeting and the relationship between
condition five and six are so similar
that condition five will do the job and
um I believe Mr. Savverof is uh in
support of that request in here today.
Then secondly, um if we go to the next
slide,
uh sorry, a little bit of catch up. One
more,
one more after that. And here we go. Is
uh condition number seven, uh speaks to
uh demonstrating independent servicing.
And uh this is a condition that's often
applied in the old parts of town when
you're severing merged lots. And um what
we do know is that the subject lands
have separate bills, separate uh water
meters and um this condition really
itself is just a little rather ownorous
uh for the purpose of reestablishing lot
lines. On the screen here, we have an
application that I was involved in uh
just back in uh April of 2025 where the
same committee um reestablished a
severance for merged townhouse um just
east of hearing towards Corktown and uh
committee agreed that that condition was
a little bit ownorous considering what
was on the table and they wave that
condition. So that's my request today is
that uh condition six be waved with a a
bit of overlap on the zoning compliance
and condition seven be waved with
regards to uh proof of independent
services uh given um the minor nature of
the request to reestablish old lot lines
on a merge property. And with that I
would be happy to answer any questions.
Okay, committee,
>> you're okay with the Okay, Robert.
>> So, the on the conditions
five and six,
what are you proposing? Keep one, keep
both, eliminate both.
>> I am proposing that five remain and six
be removed.
>> Okay.
>> And that's in uh on consent with zoning
staff.
>> Okay. So, six and seven.
>> And seven. Um, I think we need to refer
to engineering on that.
>> Helen MacArthur, senior engineer,
development west. Um, we've been very
consistent in applying the independent
service in accordance with the bylaw.
Each property needs its independent
services and that's to comply with the
bylaw.
through the chair. I would agree that um
the the proposed condition is one that
or the the requested condition by
engineering staff uh routinely comes
forward with these types of consents in
the old city in the old parts of the
city. Um,
you know, if we were proposing lots, we
certainly know on a new build, we would
we would be delivering independent
servicing. When we're just looking to
reestablish merged lot lines, there's no
physical change happening uh to the
properties otherwise. um you know the
the additional cost to move through
conditions of approval to demonstrate
that uh is what's rather ownorous uh
given what we're asking today is just to
clean up uh the title for uh inadvertent
merger and like I said uh back in April
uh we made the same pitch on a similar
merger and uh committee supported that
ask and wave the condition um for uh an
application on Ford Street just east of
city hall here uh just over a year ago.
Was hoping for that consistent approach
on uh the request.
Um I'd just like to add a comment. Um I
have had a personal experience with
homes of this age and I would definitely
not support taking number seven out
because I do see the value there.
Anyone
else?
>> Just to just to add to the comment there
that those houses are probably
1930s, 1940s, maybe 41.
>> Yeah. And we who knows what the
underground piping is like
to utilize the existing. So I agree we
should leave condition seven in
and go forward.
>> So just remaining u uh the six.
>> Yeah. Eliminate six.
It's replaced technically by five. It's
they're both the same. And leave seven
in
>> through the chair. Not to not to beat a
dead horse here, but um
in my presentation I included one
example uh that was shown on the screen.
Um
but it's it's one where
um again it's it's just the inadvertent
merger where the age of the home is is
the age of the home. There's no other
existing condition being changed out
there. Um so you know to
to go through the administrative step to
reestablish the lot line you know ought
to be a little bit smoother when we're
again not proposing any physical
changes. Everyone's got adequate
service. Uh everyone's getting their
their bills from the city adequately. Um
there's there's really no change
happening that would warrant uh just the
additional burden of of going through
that step. So, um, that'll be my last
pitch and, uh, again, just hoping for a
consistent approach given previous
waiverss of the same condition.
So, it's up to the committee. I mean, I
can understand your your reasoning for
what has happened in the past and and
things [clears throat] change. Um, it
gives the the city the opportunity to
verify or make sure that they do have
separate services or whatever and that
they are up to date. Um
but it's a committee decision on that uh
removing condition.
Uh seven
>> I would like to make a motion to approve
with removing
condition six
and all other conditions or notes are to
be included. Is there a seconder for
that motion? Robert, all in favor of the
motion
opposed.
That's a tie vote. I'll break the tie
when
>> Oh, you get three.
>> I'll call the that again. So opposed
two and Mel I must have missed your arm
for Okay. Sorry. So the motion is is
carried.
>> Sorry. Application um is approved with
only um number six being removed.
Oh, and I think I would like to add make
it for both applications as well. And
then the second one would be for
variances one and two.
>> Okay, it's good for the secondary.
>> If I could just ensure that the um the
variance is is corrected as identified
in the staff report, not the notice to
5.3 meters of frontage. Just want to
ensure that's captured as well. Thank
you.
Okay.
Yes, through the chair and if that's
okay. Yes, there was a uh the staff did
ra and I believe in the uh um the zoning
comments did raise the potential need to
slightly change the variance requests
and if that is okay with the committee
that you can approve that variance uh
the variance according to that
was there sorry through the chair was
there a motion you need a motion for
that? Okay.
>> Yeah. Motion
Donna seconded by
Yolan and all in favor.
>> Was there anyone?
>> No. Okay. And that's carried. Okay. So
again, just reiterating. Yes. The uh the
minor variance application was approved
with the removal of condition six. And
with the minor variance, it was approved
um with the uh the amendment to the
variance requests as proposed by staff.
Okay. Thank you. Thank you.
Okay. Moving on. It is now 11:32 a.m.
We have a consent application B25034,
461 Kitty Murray Lane, Ancaster. The
owner is a numbered company 13 1 333664
Ontario Incorporated M. Val Valvasauri.
Applicant is the same company and then
the agent is Urban Solutions Planning
and Land Development Consultants
uh M. Johnston. Was there any members of
the public wish to speak on this
application whether here in council
chambers or on the WebEx platform? Um
yeah, seeing and uh yeah, seeing none,
I'll ask the applicant agents to step
forward and provide their name and
they'll have five minutes to speak. And
just through the chair, just to just to
reiterate to the committee, this is
actually a request to change the
conditions as part of a consent
application. Thank you.
>> Good morning again, members of
committee, uh staff, public, Matt
Johnston, uh registered professional
planner with urban solutions. Uh I do
have a brief slide deck to help uh carry
the conversation if we could share that
on the screen. I do want to acknowledge
Mr. Valvasuri who's in attendance this
morning and also my colleague Matthew
Leblanc who was here not too long ago in
front of committee and um again I'll
just get uh a brief overview of um where
we've been in in our ask today. So, if
we can go to the next slide,
we have the subject lands uh really in
the south end of the meadowlands on the
east side of Kitty Murray, a little
north of uh Garner Road, directly across
from Immaculate Conception Elementary
School. Subject lands actually um used
to extend all the way east well into uh
the townhouse subdivision uh Belffort
Terrace or or the bungalows of Ancaster
as they're called. um and that was
severed off to accommodate that
development. And now what we have on the
next slide is uh the approved uh
severances and variances that was uh
considered by the committee back on
September 17th of this year. Um creating
uh four individual lots and again that
application was approved. Uh you may
recall a discussion regarding um
conditions of approval uh that were
requested to turn into notes. Um if we
go to the next slide, it's the um the
archeological assessment that was a
recommended condition of approval and
our ask at the time was to turn that
into the standard archeological note
that often accompanies infill
severances.
Um in the presentation there was a
pretty thorough discussion on uh the
committee's appreciation to only require
the archeological assessment uh if
required through findings uh throughout
construction. Um ultimately what the
committee did was add the language if
required to the condition uh thinking
that that might provide sort of the
relief that we were after. But um if we
go to the next slide, I have the actual
note that we're looking to include
rather than the condition. And uh it's
rather lengthy, but I really just want
to zero in on what's highlighted in blue
because I think what's highlighted in
blue accomplishes what members of the
committee were trying to um ensure
happened while giving some relief to the
proponent. So within the archeological
note we have the requirement if our
archeological resources are encountered
the proponent may be required to conduct
an archeological assessment prior to
further impact. Uh later on should
deeply buried archeological materials be
found there's a process they're
obligated to uh to go down. If we go to
the next slide,
um, and you know, I'll I'll go one
further. I've explained much of this
slide here. Um, again, we've got some
previous approvals on slide seven, which
is next,
which uh indicate a number of previous
examples where that standard
archeological condition gets turned into
a note upon request. um a slew of
examples. Uh the last one most recently
uh on 27 road is illustrated on the next
slide and you can see the comparables
here. We've got the subject lands on the
right. Much of it has been developed
with the uh town houses in the rear in
that previous severance. We've got the
existing dwelling garage, septic bed, a
whole lot of disturbance uh smack dab in
the middle of the middlelands. um very
similar to Seven Road which is uh just
over on the mountain uh where that
request was made to turn the
archeological condition into a note.
Again, we're looking to support um and
and provide an easier path for uh gentle
intensification like the project
proposed and things like this can really
slow things down and burden the
proposal. So we kindly ask and the the
purpose of coming back was to kind of
clarify some of the discussion because I
think it was really the will of the
committee to try to provide some relief
on on it but it just sort of missed the
mark. So uh we're here today again to
ask uh the and I'll show the final slide
that condition 9 be removed from the
staff report and replaced with the
standard archeological note. And with
that, I'd be happy to answer any
questions.
>> Okay. Committee. I mean, as in the past,
as you stated, there's been lots of
opportunities or lots of times when we
have put that condition in as a note and
not uh
comments from committee.
Can I get a comment from staff on the
the applicant's um proposal? They use
the wording from the previous
application. Personally myself, I'm very
concerned,
not concerned, but the fact that we're,
you know, it's being requested. When you
look at all the development area all the
way around the existing site,
um I think it goes above and beyond, but
that's just my opinion. So staff could
comment on changing the ver verbiage
around
>> Dun planning technician uh through the
chair to the committee member um at a
high level uh development planning
position is that to ensure full
compliance with all applicable policies
in the urban capital official plan. uh
the archaeological assessments required
prior to site alteration or soil
disturbance when that is anticipated. Um
I believe a member of culture heritage
planning is online to answer any more
technical or detailed questions but the
essentially our our recommendation is to
deny the the
requested change of conditions to ensure
that the approval complies with all
policies.
>> Okay. Go ahead
on
on the web.
>> Sorry, having a little trouble. Can
everyone hear me?
>> Okay. Yes.
>> Good morning. Scott Dickinson, Cultural
Heritage Planning. Uh, yes. This
property meets uh sufficient criteria
under the u
under the province to be considered of
having archeological potential which is
why we provided the
condition on the initial application
back in September.
We would still consider that best
practice would be to require an
archaeological assessment be completed
before the property well before any
construction grading or demolition on
the property be uh be completed.
If it was the
committee's intent to
remove this condition, then um
then staff would be then staff would
recommend that it would be the
acknowledgement note as requested by the
by the applicant instead of trying to
change the language within the
condition.
So through the chair, last time round
the committee added if required as an
attempt to alleviate the the burden. Um
now as we we've just heard and
identified in the staff report, the
subject lands hit three of 10 criteria.
Just three of 10. Um, when we talk about
the the need to ensure that the policies
are are respected and and conformity
too, I do want to highlight I' I'm
looking at chapter B, section 3 of the
official plan that speaks specifically
to to when archeological assessments are
required and B3443
requires archeological assessments on
official plan, zoning, and plans of
subdivision. Then you move on to 3 444
and it changes the language with intent.
Archeological assessments may be
required
for minor variances and consents. So
that that ability to to make a judgment
call when we know that more than half
the lands were severed to accommodate
the townhouse development in the rear
that a vast majority of the site has
been disturbed with the erection of the
existing home septic bed uh detached uh
workshop.
um you know the this would be one of
those appropriate times to rely on the
word May and um and turn that condition
into the standard note in keeping with
um something the committee has done on
uh a number of occasions.
So the one you referred to that we did
previously um Saver Street or whatever
it was, right,
>> that became a note,
>> right?
>> And did we add if required or maybe or
whatever the term
>> the through the chair the note itself
has that that if required element
embedded in in the language.
>> So it's it's not just moving the
condition to a note. the note is
actually worded differently than the
condition in a way that provides that
that assurance.
>> I'm going to put a motion forward to
approve the uh change
and moving the number 15 from a
condition to the uh to the note with
your wording
>> and through the chair. It was uh
condition nine
>> on the staff report.
>> Pardon?
>> Condition nine on the staff report.
>> Sorry, condition nine. Yeah.
>> Okay. Is there a seconder for that
motion? Robert. All in favor?
Opposed? Seeing none. Motion is carried.
Application is approved. Thank you.
Okay.
Moving.
Um,
it is now 11:44 a.m. Next, we have a
consent application B202600384,
[snorts] 83 Sanford Avenue South,
Hamilton.
Uh, owner is at W.'s Zusco and the agent
is E. reporter. Uh, are there any
members of the public who wish to speak
on this application whether here in
council chambers or on or on the WebEx
portal? Seeing none, I'll ask the
applicant or agent please step forward.
Please provide your name and you have
five minutes to speak.
Are they here?
83 Sanford Avenue South. Is there
someone here? Oh, hello.
>> I believe Ebony Trent. Is is that you?
>> Yes. Yes, that's me. Yeah. I represent
the owner, William Zuko. And um I just
wanted to defer to the next meeting so
that we can speak to both matters at the
same time for the severance and the
variance.
>> Okay. So we'll make a motion for table.
Robert and Mal seconded. All in favor of
table. Opposed? Seeing none, motion
carried. Application is tabled.
>> And sorry, who moved that motion? Sorry.
>> Mel moved it.
>> Mel and then
>> Robert seconded it. Okay. Uh and thank
you. And we will be um through the chair
to the to the applicant to the agent. We
will be in touch with you uh in terms of
next steps on how to proceed. Um, and
just in case if there was any members of
the public here for this application, 83
Sanford Avenue, sorry, 83 Sanford Avenue
South Hamilton, this application has
been tabled or it's been deferred. Um,
if you wanted uh further updates on the
application, uh, if you're here in
council chambers, do fill out an
interested party form or if you're on
the WebEx platform, do send us an email
at cofa@ hamilton.ca. Okay, thank you.
>> Thank you.
Moving on.
[clears throat]
It is now 11:46 a.m.
We have a
minor variance application A202600188
161 Annabel Street, Hamilton. Owner is
PBondo and CBondo.
Um
yeah, owners P Beyondo and C Beyondo,
applicant is P Beyondo and agent is S
Beyond Beyond. Um are there any members
of the public who wish to speak on this
application whether here in
[clears throat] council chambers or on
the WebEx platform? Okay, seeing none,
I'll ask the applicant or agent please
step forward. Please provide your name
and you have five minutes to speak.
Thank you.
>> Hi, good morning. My name is Philip
Byondi and I am the applicant here with
my agent and father Sandro Beyond for
the application of a minor variance at
161 Annabel Street to exceed the
allowable height for my detached garage.
We are back here after the uh variance
was tabled over concerns of the total
height. Uh we met with the planning
department at your recommendation and
work to lower the height by over a meter
by changing the slope of the roof
significantly. We are hoping that in
doing so we have fulfilled the
requirements for approval today. Thank
you.
>> Well,
>> after you make the addition, the change
in the roof, I'll make a motion to
approve.
>> Okay. Moved by Mel, seconded by Nick.
All in favor?
Opposed? Seeing none. Motion carried.
Application approved.
>> Thank you.
>> Okay.
Um, it is now 11:48 a.m. Next, we have a
consent application. A2 A202600452
1021 Concession 6 West Lamborough
owner is M. Pellerin and S. Pellerin and
applicant is the same two people. Uh,
through the chair, just uh for the
committee's reference, the this
application uh was actually tabled prior
to the it's it was tabled or deferred
prior to the meeting. As such, the uh
the committee will not be handled will
not be hearing this matter today. So, if
there's anyone here for this
application, 1021 concession 6 West
Flamro, um it's been it it was already
tabled. And if you have if you want to
get updates on the application if you're
here in council chambers, do fill out an
interested party form or if you're on
the WebEx platform, uh do uh send us an
email at cofa@ hamilton.ca. And I do
want to clarify actually um there's two
previous applications. It was for 125
Mohawk Road East Hamilton. It was a
consent and minor variance. Um they
actually were tabled prior to the the
meeting. Um but I did actually I I
didn't note that unfortunately, but the
but conver but the committee conversely
you did move to to table that
application. Just wanted to clarify
there. Okay. Um,
okay.
It's now 11:49 a.m. Next, we have a
minor variance application.
Uh, A2026
0044
565
Sanatorium Road, Hamilton. Owner is a
numbered company 23587
sorry 2358574
Ontario Limited Hakeime applicant is the
same company and then the agent is
Weston Consulting M Cara Copomy
um are there any members of the public
who wish to speak on this application
whether here in council chambers or on
the WebEx platform
okay seeing none I'll ask the applicant
or agent please step forward please
provide your name and you have five
minutes to speak.
>> Good morning, members of committee. Mr.
Chair, can you hear me? Okay.
>> Yes.
>> Yes.
>> Yes. Great. Good morning. Uh my name is
Martin Barker with Weston Consulting. I
am a registered professional plan with
Weston and I am here on behalf of the
land owner uh to speak to applicate this
application at 565 Sanatorium Road. I do
have some prepared notes here should the
committee want to hear a bit more about
the application, but I would like to say
that I've read staff reports. I have no
concerns with the recommendations and I
do agree that this application should be
approved. Um, so I'll keep things rather
quick. Um, but that is my presentation
and again I'm here for further questions
or should there be additional
information requested.
Okay, committee. Any questions?
Motion.
Donna,
>> let's see.
>> Seconded by Nick. All in favor?
Opposed? Seeing none. Motion carried.
Application approved.
>> Thank you very much.
Okay. Next, uh, it's now 11:52 a.m. We
have a
consent application B2026
00441
353 Concession 11 East Flamro. Owner is
a number company 13811522
Canada Incorporated. TBU applicant is
the same company and the agent is
Landwise C. Simpson.
Um
I just I would just note uh that the
staff were uh recommending to table the
application. Uh I just wanted to check
with the uh applicant or agent first if
they were how they were they intending
to proceed today or or or uh
>> Hi, I'm online. Can you hear me?
>> Yes, go ahead. Not yet. We're uh we
would like to proceed with tableabling
the application.
>> Okay. Okay. Is there a motion now?
Seconded by Yanuka. All in favor?
Opposed? Seeing none. Motion carried and
application is tabled.
>> Thank you.
>> Thank you. And through the chair to the
uh to the agent we uh staff the CFA the
committee of adjustment staff will be in
touch with you shortly after the meeting
on how to proceed with the application.
And uh just to reiterate, if there was
any members of the public here for this
application, uh 353 concession 11 East
Flamro, the application has been tabled
or deferred. Um if you want any further
updates on the application, if you're
here in council chambers, do fill out an
interested party form. Um if you're on
the WebEx platform, do um send us an
email at cofa@ hamilton.ca.
And uh
just want to check was there uh
to the CFA staff here. Was there one
more application today?
>> Oh, that was okay. Okay. So, uh Okay.
With that, I believe uh that concludes
the applications to be heard at this uh
today's committee of adjustment meeting.
Uh we'll move into chair and staff
announce. Sorry.
Hi. Were you here for an application?
>> Oh, okay.
>> Yeah, we'll be in Yeah, if it was table,
we'll be in touch with you, the
[clears throat] staff. Okay. All right.
Thanks. Um
yes, we're just moving to chair and
staff updates. Uh I don't know if the
chair yet had anything.
>> Uh just so just one question. And I was
um curious on the fact that when we um
table an application
>> Mhm.
>> if planning recommends tableabling
>> um is there still
a fee for recirculation
>> like when an applicant
>> asks to be tabled?
>> Yes,
>> there's a there's a fee. It depends on
the circumstance and I don't know if uh
Ann or Ryan you can I know we do have a
document we do have a policy in place um
let me just take a look at it here.
So uh
if the application is tabled and there
are changes to the application then a
recirculation fee is applied. Um if an
application it was recently tabled
within the last 2 months and there are
no changes
um uh there would be no uh recirculation
fee um if it's an older application more
than two months with no changes uh then
we might we would apply a fee.
>> Okay.
>> Yeah.
>> Okay.
>> And I didn't have any updates. I don't
know if Emily has anything else to add.
>> Our next meeting date Okay. Our next one
is and again Ryan or Anna please correct
me. I believe it's no if I'm wrong it's
November 19th. Yeah. And if we through
the chair if we can have a motion to
adjurnn please.
>> Yes. Motion to adjourn. Nick seconded.
Donna. All in favor? No question. Okay.
[laughter] So we're adjourned at 11:56
a.m. and